5th Circuit

  • Righteous-Indignation

    5th Circuit, Affirmative Action, Education / Schools, Texas

    Critical Mass Is A Critical Mess: The New Opinion In UT v. Fisher

    The concept of “critical mass” highlights a weakness in most college admissions policies.

    15 Comments / / Jul 17, 2014 at 4:31 PM
  • Juggalo Washington

    5th Circuit, Affirmative Action, Contract Attorneys, Free Speech, Music, Non-Sequiturs, Supreme Court, Technology

    Non-Sequiturs: 07.16.14

    * The Insane Clown Posse is appealing their loss in the “Juggalos aren’t gang members” case. F**king lawsuits, how do they work? [Lowering the Bar]

    * After losing before the Supreme Court, the University of Texas affirmative action admissions program looked to be in serious trouble. But the Fifth Circuit just ruled that the UT policy met the strict-scrutiny analysis mandated by the Court. The lesson for Abigail Fisher is once more, “How about you get better grades instead of whining?” Or at least “Get politically connected.” [Chronicle of Higher Education]

    * Apple agrees to a conditional $450 million settlement with the NYAG’s office in the e-book suit. So you might get some money back from the 50 Shades of Grey purchase. [Reuters]

    * The Manassas city police have decided not to engage in kiddie porn pursuant to a warrant. Good for them. [Washington Post]

    * “Judges are not deities. They are humans.” Let’s not tell Lat, the shock might kill him. [Katz Justice]

    * Maybe it’s time lawyers started looking out for each other. This is a theme we’ve touched on before. [Law and More]

    * The hell? Parents arrested for letting their 9-year-old go to the park alone? Suffocating parenting is bad enough without the government expecting it of parents. [Slate]

    * CPAs are suing the IRS because the regulation of tax preparers lacks Congressional approval. Because we need more folks off the street claiming to be tax preparers. [TaxProf Blog]

    * Lawyer and former South Carolina GOP executive director Todd Kincannon is under investigation by the South Carolina Office of Disciplinary Counsel for basically being a dick on Twitter. As Ken White notes, the First Amendment is all about giving guys like this a forum. [Slate]

    7 Comments / / Jul 16, 2014 at 5:01 PM
  • 215526_1024523288678_4419_n

    5th Circuit, Fashion, Laurence Tribe, Law Schools, Non-Sequiturs, Paralegals, Pornography, Rankings, SCOTUS, Student Loans, Summer Associates, Supreme Court

    Non-Sequiturs: 06.03.14

    * Dan Marino was suing the NFL over concussions, becoming the highest profile former player to level a suit against the league. Among his allegations, he claims concussions led him to hold that ball laces in for Ray Finkle. Why do I say “was,” you ask? Because he claims he filed suit accidentally. No greater proof of the dangers of concussions necessary. [Awful Announcing]

    * The Supreme Court used to gather in the basement and watch porn together according to Larry Tribe (affiliate link). Best anecdote is Justice Marshall narrating porn to the nearly blind Justice Harlan. You can spoil the ending for Justice Harlan here. [Washington Post]

    * It turns out the Brits have their own obsession with law school rankings. Here’s their “league table” for a legal education. [The Guardian]

    * You know not to wear a bikini to the firm pool party, but what should you wear to the other summer events? [Corporette]

    * An article ponders when firms are going to figure out that recent law school grads are perfect paralegals. Thanks for that kick in the gut. [New Geography]

    * Following up on an older story, the Fifth Circuit has withdrawn a ruling made in 2007 upon revelations that one of the judges involved had a financial interest in one of the parties. [Center for Public Integrity]

    * Do we need more reasons why Bitcoin is stupid? Ah, it’s used in messy divorces to hide assets. Perfect. [Digital Journal]

    * Debt collectors are increasingly giving up on calling you all the time and just seeking default judgments. [Huffington Post]

    * From the SUNY Buffalo commencement, Judge Thomas Franczyk and graduate Joey Nicastro took the stage to perform a song for the occasion. Francis Malofiy is already planning to sue them. Video below….

    4 Comments / / Jun 3, 2014 at 5:01 PM
  • Leslie Southwick RF

    5th Circuit, Arlen Specter, Books, Federal Judges, Judicial Nominations, Politics, Senate Judiciary Committee

    ‘Give This Man A Federal Judgeship': A Review Of ‘The Nominee’ By Leslie Southwick

    Want an inside look at the judicial confirmation process? Tamara Tabo reviews Judge Southwick’s new memoir.

    12 Comments / / Feb 21, 2014 at 2:41 PM
  • iStock_000013298318Small-RF

    5th Circuit, Federal Judges, Money, Plaintiffs Firms, Tax Law, Texas, Tobacco / Smoking

    If You Win A Massive Judgment, Try Not To Put It Into An Illegal Tax Shelter

    Smoking is bad for you — and winning massive judgments against tobacco companies can also be hazardous, if you don’t pay taxes on the money.

    5 Comments / / Jan 29, 2014 at 2:51 PM
  • Sniffing RF

    5th Circuit, Sex, Sex Scandals, Sexism, Sexual Harassment

    Inhaling The Scent of A Woman… Is Creepy And Wrong

    Men sniffing their female colleagues makes me a sad panda.

    20 Comments / / Dec 6, 2013 at 4:56 PM
  • abortion law RF

    5th Circuit, Abortion, Texas

    Identity Politics, The Fifth Circuit, And The Texas Abortion Case

    Assuming that a judge’s identity determines his views on issues that relate to his own demographic is unfortunately apparent in discussions of both race and abortion.

    67 Comments / / Oct 31, 2013 at 11:21 AM
  • Ironworker harassment RF

    5th Circuit, Labor / Employment

    Is There Anybody Left We Can Harass At Work?

    You know the PC police have won when ironworkers are suing over mean words.

    24 Comments / / Sep 30, 2013 at 2:32 PM
  • iStock_000017224323XSmall-RF

    5th Circuit, Disability Law, Insurance, Partner Issues

    Former Biglaw Partner Caught Faking a Disability

    Insurance fraud committed by someone who should know better is one thing, but this case also features allegations of assault, foreign retaliatory detentions, computer hacking, extortion, spurned lovers, and revenge.

    15 Comments / / Sep 12, 2013 at 11:57 AM
  • iStock_000002355974XSmall-RF

  • Howard Dean

    5th Circuit, American Bar Association / ABA, Biglaw, Cellphones, Constitutional Law, Election Law, Eric Holder, Gay Marriage, Headhunters / Recruiters, Health Care / Medicine, Law Schools, Morning Docket, SCOTUS, Supreme Court, Texas

    Morning Docket: 07.31.13

    * Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]

    * The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]

    * The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]

    * Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]

    * The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]

    * Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]

    17 Comments / / Jul 31, 2013 at 9:15 AM
  • Diversity LF

    5th Circuit, Affirmative Action, Constitutional Law, Education / Schools, Minority Issues, SCOTUS, Supreme Court, Texas

    Affirmative Action Is Dead In The Water; Diversity Is The 21st Century Fight

    SCOTUS ruling today signals the end of the old era of affirmative action, and the birth of a new one.

    78 Comments / / Jun 24, 2013 at 12:51 PM
  • bored-lawyer

    5th Circuit, Attorney Misconduct, Bar Exams, Biglaw, California, Divorce Train Wrecks, Edith Jones, John Roberts, Legal Ethics, Morning Docket, Patents, Pro Bono, SCOTUS, Supreme Court, Women's Issues

    Morning Docket: 06.14.13

    * When SCOTUS cases involve public companies and rulings are misinterpreted, it can lead to some pretty volatile stock performance, as was evidenced by yesterday’s highs and lows for Myriad Genetics of BRCA1 patent fame. [Washington Post]

    * The ethics complaint against Judge Edith Jones of the Fifth Circuit has been transferred to the D.C. Circuit after receiving a blessing from the Chief Justice of the United States. Uh oh, that’s serious business if Roberts is involved. [Times-Picayune]

    * The number of women working in the NLJ 350 is sad. They make up only one-third of all attorneys working in Biglaw, and we’re stuck celebrating the tiniest positive changes. Sigh. [National Law Journal]

    * Proskauer Rose’s former CFO, Elly Rosenthal, settled her $10M disability discrimination suit against the firm in anticlimactic fashion, “without costs to any party as against the others.” [Am Law Daily]

    * California is obviously trying to one-up New York with this one. In addition to a 50-hour pro bono requirement, they’re pushing for 15 hours of real-world training before bar admission. [The Recorder]

    * Try to stop a man from throwing a pie in your husband’s face and in return you’ll be served with your wifely walking papers a few years later. Aww, Rupert Murdoch is such a kind old man. [Bloomberg]

    2 Comments / / Jun 14, 2013 at 9:04 AM
  • Olympic_rings_without_rims.svg

    5th Circuit, Arnold & Porter, Edith Jones, Election Law, Insider Trading, Non-Sequiturs, Racism, Tax Law

    Non-Sequiturs: 06.10.13

    * The first rule of Insider Trading Club is, you do not send discoverable e-mails about Insider Trading Club. [Dealbreaker]

    * Arnold & Porter staged a mock Olympics last time around. Now we’re just waiting for the other shoe to drop and we learn that the antitrust group was doping. [Washington Post]

    * Georgetown Law student Bindhu Parmathi crowned Miss District of Columbia! She will go on this September to participate in the Miss America pageant (aka “The pageant that Donald Trump doesn’t own). [The Examiner]

    * To recap: TSA took the stance that knives should be allowed on planes, but balked at fictional Jedi weapons. Yay America! [Lowering the Bar]

    * Illinois passes some of the strictest fracking regulations in the country. That’s a reference to hydraulic fracturing. Not just dropping Battlestar Galactica references. [Breaking Energy]

    * Indiana thinks it can discipline lawyers for criticizing a judge via private email. I would say that’s an insane misreading of the law, but I don’t want to get disciplined in Indiana, which sounds like the terrible prequel to Fifty Shades of Grey (affiliate link). [The Indiana Lawyer]

    * Five businessmen take off their pants to protest taxes. This is a bad precedent. I don’t want to see any of these Tea Party folks take off their pants. [TaxProf Blog]

    * Congrats to ATL reader Alicia Long, as well as co-author Jayne Jones, on publishing their new book Capitol Hell. [Amazon (affiliate links)]

    * The Judge Edith Jones incident should raise the national concern to improve diversity on the bench. But it won’t. [Judicial Clerk Review]

    * More follow-up on CBS’s improper campaign ad totally objective news documentary “Brooklyn D.A.” [New York Daily News]

    * If fans in the front row of your concert start holding out papers for you to grab, DON’T DO IT! Unless you want to get sued. Video after the jump, courtesy of Gawker…

    3 Comments / / Jun 10, 2013 at 5:31 PM
  • Edith Jones LF Judge Edith H Jones Edith Hollan Jones

    5th Circuit, Crime, Death Penalty, Edith Jones, Federal Judges, Federalist Society, Legal Ethics, Minority Issues, Politics, Racism

    A Tale of Sound & Fury (But No Transcript): In Defense of Judge Edith Jones

    A group of civil rights organizations recently filed a misconduct complaint against Judge Edith Jones of the Fifth Circuit. A former Jones clerk, Tamara Tabo, comes to the judge’s defense.

    115 Comments / / Jun 6, 2013 at 10:15 AM
  • Just a gal from the Garden State.

    5th Circuit, Barack Obama, Crime, D.C. Circuit, Edith Jones, Intellectual Property, Judicial Divas, Legal Ethics, Morning Docket, Murder, New Jersey, Patents, Prostitution

    Morning Docket: 06.05.13

    * Meow! An ethics complaint has been filed against Judge Edith Jones, the judicial diva herself, over insensitive comments about race and the death penalty that she made at Penn Law. [San Antonio Express-News]

    * In the pissing contest over judicial confirmations, it’s fair to say that Obama’s recent nominees to the D.C. Circuit won’t receive a hearing, much less be confirmed, any time soon. [WSJ Law Blog (sub. req.)]

    * Nobody likes patent trolls, not even the president. Obama went on the offensive yesterday, promising to curb unwarranted intellectual property litigation filed by pesky profiteers. [Thomson Reuters News & Insight]

    * Speaking of patents, there’s a new exchange being formed for public trading rights. Please welcome the Intellectual Property Exchange International, the first exchange platform of its kind. IP: so hot right now. [DealBook / New York Times]

    * After a review of evidence that Colorado movie theater shooting suspect James Holmes was whacked out of his mind at the time of the shooting, he was allowed to enter an insanity plea. [Bloomberg]

    * The judge in the Oscar Pistorius case has adjourned the track star’s legal proceedings until August on account of a “trial by media.” We’ll probably continue to speculate about it until then. [New York Times]

    * A woman is suing because she got her ass kicked by a gang of hookers at a Florida hotel. She claims the prostitutes thought she was infringing on their territory. Nope — she’s just a Jersey girl. [Fox News]

    14 Comments / / Jun 5, 2013 at 9:06 AM
  • conservative woman RF

    5th Circuit, Clerkships, Edith Jones, Law Schools, Politics

    Righteous Indignation: The ‘Righter’ Side of Law

    A column for our conservative-minded readers, but can its author alter the usual ATL ideological balance?

    64 Comments / / Apr 25, 2013 at 1:55 PM
  • fried chicken LF

    5th Circuit, Benchslaps, Fast Food, Federal Judges, Food, Minority Issues, Racism

    Professional Benchslapper Gets Admonished By Fifth Circuit Over His Own Racial Insensitivity

    A judge doesn’t understand a fried chicken insult, so he blames the black guy for being oversensitive. Of course this happened in Texas…

    40 Comments / / Jan 15, 2013 at 11:10 AM